This news article was originally written in Spanish. It has been automatically translated for your convenience. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace a human translator. The original article in Spanish can be viewed at La CNC multa a dos fabricantes de envases hortofrutícolas con 3,8 millones

The CNC fine to two manufacturers of containers hortofrutícolas with 3,8 millions

22/12/2011

22 December 2011

The National Commission of Competition (CNC) has imposed sanctions by a total of 3,85 million euros to Veriplack Packagings and to ILPA, companies comercializadotas of containers of destined plastic to the container of products hortofrutícolas, for participating in a cartel.

The CNC has exempted to a third company of the payment of a fine of 8,37 millions for reporting the practical anticompetitiva, receiving to the program of clemency. However, Veripack Packagings has been fined with 2,85 million euros, and ILPA with one million euros. The cartel restricted the market to agree the fixation of prices and distribution of customers.

The penalizing file originated in an application of expression of the payment of the fine, in virtue of the program of clemency of the CNC, presented by the group Linpac, company matrix of Infia. The object of the practice was ‘to limit or falsear' the competition in the sector, more specifically in the containers monuoso of polymers of plastic for the packaging of fruits (baskets and tarrinas for red fruit) in Huelva.

Linpac, in his statement, described determined celebrated meetings of systematic form between some companies of the sector to the beginning of the campaigns, where reached agreements of fixation of prices and of distribution of customers.

The direction of investigation of the CNC realised several inspections in the headquarters of some companies, included the situated in Italy through the Italian authority of Competition, and sent distinct requests of information to other companies.

The CNC agreed the opertura of the penalizing file against the companies Infia, ILPA, Agroenvas and Veripack by practical restrictivas of the competition. Around the middle of December, the CNC has imposed the corresponding sanctions, since the participation in a cartel is a very grave information of the Law of Defence of the Competition and of the Treaty of Operation of the European Union.

Finally, the CNC has decided not declaring accredited the infringement by part of Agroenvas, when considering that this company acted in the cartel in name and representation of the subsidiary of ILPA in Spain, “forming with her an economic unit in the market, under the control of this”.